ERDEM-NEWSLETTER-2018-metin

102 NEWSLETTER 2018 the market starts to increase. In the near future, commencement of discussions regarding the dominant position of Efes, or the concept of joint dominant position, is on the cards, as well. Furthermore, it is also probable for all of the exemptions to be revoked in the beer market. Within the framework of the Decision on Revocation of the CPS Exemption, the Competition Board determines that the market share of Tuborg has regularly increased in the last seven years. The Board indicates that the market shares lost by Efes have been obtained by Tuborg, and this has emerged without the exclusivity clauses in the Tuborg CPS agreement. As a matter of fact, pursuant to the secto- rial regulations, the agreements with CPS, including exclusivity, are not allowed, in spite of the Competition Board decision. Moreover, the Competition Board considers the fact that Tuborg obtains market shares despite the constriction in the closed beer market, as an indica- tion of obtaining market power by the said undertaking. The Competi- tion Board thoroughly evaluates the increase of Tuborg’s availability rate in the closed beer market starting from 2005, the relative decrease in HHI rates in the said market, and Tuborg’s investments with regard to the CPS. In the light of these determinations, the Competition Board states that the current market structure is very different from the market structure when the Tuborg Exemption Decision is made, and that Tu- borg is in a competitive position with Efes in respect of market share, sales amount, availability rates and financial power. In this scope, the Competition Board revoked the individual exemption granted to Tu- borg’s agreements containing exclusivity in the closed beer market. Conclusion: New Game, New Cards Beer, which is one of the most ancient beverages that humanity knows, started to be produced by the both Bomonti and Nektar in Tur- key. In the progress of time, both companies, instead of being engaged in intense competition, chose to merge their powers through a wise move. This transaction, which can be considered as one of the most undesirable mergers in terms of competition law, caused the removal of the competitive structure in the said market, at the beginning phase.